-p ♪ ♪ imus in the morning >> no matter how much i care, the truth is that for your friends and your family, the most important source of information is not going to be me, it's going to be you. if you're a student body president, set up a conference on campus. if you've got a radio show, spread the word on air. if you're a bartender, have a happy hour. stuart: happy hour? more like amateur hour, i think. good morning, everyone. trying to attract youngsters to the obamacare cause, the president suggests pep rallies and happy hour parties.

beneath the office of the president? the approach is not working, young people are not signing up, young people don't like it. the administration will not guarantee security. your i.d. is going astray. obamacare is sliding ever deeper into chaos, but apple, the exact opposite. it signed a deal that opens up the fast china smart phonee market and the stock is going straight up almost like the good old days. don't ignore the good news, 3.6% economic growth in the summer quarter. jobless claims below 300,000, but wouldn't you know it, stocks are down. stay right there, i'm also going to make some waves later this hour over the martin bashir disgrace. "varney & company" is about to begin. trading inspires your l. tdd#: 1-800-345-2550 life inspires your trading. tdd#: 1-80345-2550 where others see fads... tdd#: 1-800-345-2550 ...you see opportunities. tdd#: 1-800-345-2550 at schwab, we're here to help tdd#: 1-800-345-2550 turn inspiration into action.

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>> i put my personal information on the website when i was trying to look for information and i was very confident. stuart: is it secure? >> i was confident. >> is it secure?

>> i don't run it today. >> that was esekial emanuel one of the architects of it on the program yesterday. he would not answer the question, he asked him three times. but last night on hannity we got an answer from one of the hackers who tested the security of the site. >> if you were to rate on a scale one to ten amazon in terms of their securitiment ten being the best and greatest security. >> i would say amazon does a great job. probably a ten. what would you rate healthcare.gov. >> about a one or two from a security perspective. stuart: oh, the obamacare website security emerging as a key issue today. in the next hour, the top trial lawyer in the country weighs in. who can you sue if your identity gets stolen as a result of healthcare.gov. according to the government accountability institute, kathleen sebelius personally in charge of obamacare had only one, one, face-to-face meeting with president obama in the

past three and a half years. that's it. and we're also following apple, breaking through the great wall of china, signing a deal that opens up 700 million potential iphone customers with china mobile. we had one stock picker saying the stock would go back to $700 a share and where will the stock open today? you will know moments from now. so i can reach ally bank 24/7, but there are no branches? 24/7. i'm sorry, i'm just really reluctant to try new things. really? what's wrong with trying new things? look! mommy's new vacuum! (cat screech) you feel that in your muscles? i do... drink water. it's a long story. well, not having branches let's us give you great rates and service. i'd like that. a new way to bank. a betterer way to save. ally bank.

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♪ take the last train to clarksville and i'll meet you at the station♪ >> that's a good one. somebody who says that j.c. penney is on an express train to oblivion. that's his word. it's one of charles payne's pick. our guest obviously thinks otherwise. the fast train to oblivion and makes his case in a couple of minutes. coming up the opening bell on wall street, scott shellady from chicago. 3.6% growth in economy. jobless claims below 300,000, what is this, new strength in america? >> we're going to have to go, the fed said over and over again we're going to need to see three or four months of good economic figures. let me make it as simple as possible. the battle, the war next year, the wages fought on this floor and wall street is between two

calms. those that think that qe is responsible for the rise in equity prices and those that think the economy is improving and justifies the rise in equity prices. they're going to battle it out in 2014 and the fed is stuck in the middle. we've got an exciting year ahead of us. stuart: in five seconds, whose side are you on? >> i'm on the side, the qe way outpaced the economy. main street has been left out. stuart: thank you very much, scott shellady. check the big board, here we go, off and running and strong news on the economy and the market has opened lower, pointing to a loss of 30, maybe 40 points when we're fully off and running. now, this, it's the world's largest mobile market. china, 700 million potential subscribers and now apple inked a deal with china mobile and offer them the iphone. let's bring in market watcher michael robinson in san francisco. welcome back to the program. we had a prediction on the

program yesterday that apple would return to $700 bucks a share. what do you say? >> that's too conservative. stuart: what? you've got me shocked. go ahead. >> stuart, that's way too conservative. i've got apple at about $1,000 a share in the next 13 months. stuart: what basis do you tify, gave me the gas. >> fantastic cast flow, high margins and well-run company. tim cook is shaping up to be an excellent ceo. i think the street overdiscounted his abilities. he's made ten savvy acquisitions in the last year and china mobile is part of a paradigm for tim cook. i think the stock is going up 30% each year. if you put that into 72, the rule of 72, a 28 to 30 months at $1,000. stuart: okay. and you heard it first right here on "varney & company," direct from san francisco. michael, stay there.

we're back to you in just a second. want to deal with something else. sony, playstation 4, selling more units than the xbox from microsoft. it's been on the market longer. it's a battle for your living room and i own microsoft stock, fortunately, it's been going up. nicole, give me the two stocks right now. nicole: both are to the down side. microsoft and sony came out earlier. and we were getting the two microsoft xboxes. and what we know 2.1 million sonies sold for microsoft, well, killed 3 billion zombies in the games dead rising three and not telling how much they sold. they're being secretive, but i'm glad to know how many zombies were killed. stuart: when we have the numbers you'll get them on the

xbox one. both the stocks down little in an overall down market. we have the dow industrials off 4 40-odd points. and michael robinson, you want to make real money in the stock market today you've got to be in the high flying technology stocks. what say you? >> absolutely. the last time i was talking to you, stuart, i was bullish on technology and i'm more bullish than i was two weeks ago. you've got to be in technology, the road in america is paved with high-tech. i definitely would be in technology in 2014. stuart: that's what i've seen and looking at holiday shopping, it seems to me that people are buying technology. the apple stores are jam-packed full. the toy stores are not. we're buying this stuff, aren't we? >> we absolutely are. it's funny, the day before thanksgiving, afternoon before thanksgiving i was at the local apple store in emeryville. the place was packed, buying everything, accessories, ipads, iphones and i think it's going to be a big christmas for

apple, but the android universe as well. the new car sales are booming and cars are big consumers of technology, infotainment systems. and on that night, i just noticed that 27 billion dollars worth of computer chips were sold in october. up 7%. and a lot of them, as you say, are going right into new cars, that's interesting stuff. michael, stay there. back to you shortly. i've got another big name you know, it's another charles payne pick. so, nicole, tell us what's happening to j.c. penney stock now. nicole: charles payne picked j.c. penney? >> yes, he did. nicole: i know he has a lot of great picks. let's look at j.c. penney right now at $9.66 a share, slightly lower. stuart: that's all you've got to say. nicole: should i say down this month and down last three

months and down year to date despite they had good comp sales that was priced into the stocks. stuart: we'll bring charles back on this one. nicole: charles, i love him. stuart: we all do. and our next guest says that j.c. penney is quote, on the express train to oblivion. charles sizemore joins us from dallas. so, it's on the express train to oblivion, that means fairly soon it's going to flat-out go out of business, correct? >> welcome-- well, i think there's a fair possibility it will in 12 months. stuart: in 12 months? whose fault is that? the company was kind of raided almost by bell ackman. he rearranged management and insisted on a reshuffle of the entire organization, didn't work. is it ackman's fault? >> yes, absolutely, it's ackman's fault and johnson's fault. if you look at mike allman who is making a heroic effort to save the company.

he's doing everything he can and i wish him the best of luck there, he's put a decent bit of his own money in the company as well, i believe a million dollars of his own money and he is he's clearly doing everything he can, and i fair it's too late. you look what we've seen in the last couple months. we've seen some marginal improvement, well, marginal improvement in october, great improvement in november look at the comp. a year ago the company was, company sales were in freefall and those comps, better year over year are still way below two years ago, so, we'll see what happens here, but i think it's too little, too late. stuart: charles, does this fit into one of the themes of the programs, which is there's a rush to on-line retailing and floor traffic in the brooks and mortar stores is just not there like it used to be? in if a kt-- in fact, it's declining. does this fit the pattern, at least one of the big names in retailing goes out in part because of on-line selling?

>> well, i think it does and it's ironic because j.c. penney was really an innovator decades account before we had the internet. the catalog was e-commerce before we had e-commerce and this is a highly innovative company that's fallen behind. their on-line sales are doing fairly well by company standards this year, but again, i fear it's too little too late for them. stuart: charles sizemore, thank you for joining us, appreciate it. and by the way, liz macdonald, who is with me, says that j.c. penney's down to just 1.3 billion of cash, which ain't much. >> that's right, on the balance sheet. stuart: that's hardly anything. >> the cash burn has been running at a high rate. stuart: that backs up charles sizemore's point. and fast food workers want higher wages. the question, how many of the

protesters work in the restaurants? are they union people paid to protest? >> wal-mart and other companies are saying, yes, union organizers from mci u are in the protesting crowds and walkouts today. what's happening, they want to organize the workers to get the dues to do collective bargaining and get the dues, and the sciu pension funds are not doing so great, stuart, according to government reports so the pension funds for the unions are not doing great. they need more workers there. you know, detroit went bankrupt, the automakers are in trouble and now the push is on, for fast food chains like wendy's burger king and dominos and wal-mart. stuart: i don't think they're going to get much in dues out of guys making a pretty basic income behind the counter in mcdonald's not willing to pay out to the union organization dues, i wouldn't think. >> it's interesting you say that, it's about 18,000 about year they make and that's the state of the economy that people think that's a good

full-time job when there's high turnover already in the fast food work force. very difficult to unionize, but if you get them in the door, and then get the minimum wage increased, you know, that's the story. stuart: that's the game plan? all right. liz, thanks very much indeed liz: sure. stuart: check the big board, we had pretty strong economic news, the market down, but not much. we had a 3.6% growth rate for the economy, that is strong during the summer months, above the new normal rate of growth. and the market's down 18, 17 points as we speak. the hollywood elites think they know what's best for you. especially when it comes to the environment. but surprise, a lot of them do not practice what they preach. stay right there, john stossel mass a series of examples next. ♪ ♪ say goodbye to hollywood ♪ say goodbye my baby

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>> not a big loss. we have strong economic news. people think that maybe the fed won't print so much money when the economy is strong. down goes the market, but not by much. look at the price of gold. that's down $24 at 1222. now, look at apple. there's a 52-week high right there. 573 on apple. remember, we had a stock watch that said it was going to 1,000. look at tiffany, an upgrade from goldman, that stock at an all-time high. 89 on tiffany. john stossel is here and he says that actors don't want to just entertain us anymore, no, no, they want to change the world. many of them are hollywood hipocrits. look at this. >> some celebrities say

socialism will fix everything. >> socialist eagletainer system. >> and more gun laws will stop violence. newtown, tucson, aurora. >> what do the same celebrities do for money. >> and the british socialist more on that later. >> and people doing things so bizarre, hold on a second, number one, you're telling me jason bateman promises to only flush the toilet after going to number two. that real or fake? i think that's probably real, a guy like him would do that. >> you're right. he says "i'm saving the world." . stuart: we're so lucky. number two, stay right there. harrison ford, this i can't believe. waxed his chest in an effort to save the rain forest. that's got to be false. >> he really-- >> no, no.

>> had his chest waxed. stuart: what the devil does waxing your chest-- >> hurts me just the way it hurts us when the rain forest is ripped out. stuart: you've got to be kidding me. >> and he owns seven airplanes. stuart: a good one, john. number three, adrian grenier, she's got a website promoting an environmentally friendly compostable tennis-- >> compostable in america, and yes, really does. a picture of it here. it has seeds in the tongue and eventually a tree would grow, maybe. stuart: okay, john. that's good. last one, ed begley, jr. with whom i had a very public fight, by the way. he started a petition campaign to get the president to trade in his limo for an electric powered version because the presidential limo gets only 8 miles to the gallon. gospel truth, guaranteed. >> i made that one up.

stuart: no, no, wrong. >> you got the first one right. stuart: why are they doing this, trying to is a save the world? >> because they believe the environmental propaganda. begley at least lives the life and he doesn't even seven airplanes while he preaches this stuff. stuart: i think they do it, trying to change the world because they know they can. i think they've got enormous influence in our society and societies around the world and that gives them a certain degree of power, especially in the media so they're inclined to preach and they're all leftist elitists anyway and preach that message. >> that's what they believe. i don't know that they have that much power, maybe helped delay fracking in some places, but for most of this do people pay that much attention to them. i'm amazed at the hypocrisy, seven airplanes. leo dicaprio says i'm going to fly around the world to do

something about the environment. stuart: i'm told that harrison ford's response to that, you shouldn't have seven airplanes, world pollution or co 2 emissions account for only 2% by commercial aircraft or flight. >> the private general aviation. stuart: oh, private jet. >> 2%. stuart: just 2%. >> they call it general aviation, but 2% is more than you and i put out and if he's so concerned about the environment, then i'm happy he has seven airplanes and he's not making much effect on the global warming. nothing any american can do about make any difference. if he's going to preach it don't have seven airplanes. stuart: i'm told in my ear on your show tonight on the fox business network, there will be tape, a film, a tape of harrison ford having his chest waxed so that--

>> can't wait, that's true. stuart: 9:00 tonight, correct, on the fox business network. >> 9:00. stuart: the name of the show. >> stossel. stuart: and hollywood hypocrisy. i will watch. i want to see harrison ford in pain. listen to this, i am sick and tired of these brits coming to america and spreading their socialist agenda. my take on the departure of martin brashear is next. get out of here. ♪

>> you like duck dynasty? we have the ladies of that run away smash reality series coming up in the next hour. they've got a christmas cd. in fact, they've got every type of merchandising that you can think of, big money, and they're here. plus, the top trial lawyer in the country answers this question, if my identity gets stolen as a result of healthcare.gov, who can i sue?

martin bashir is gone. here is my take. good. and take your british socialist pals with you, please? before i get too carried away, let me recap. from the socialist paradise of msnbc martin bashir made disgusting comments aimed at sarah palin. i shall not repeat them, but i can tell you i was truly shocked when i heard exactly what he had to say. well, nearly a month later, management has let him go. that in itself is a disgrace. he should have been fired on the spot. but here is what really gets to me, bashir has a british accent. a leftist who comes here to tell us how we should behave. of course, i have a problem with his politics, but it goes beyond that. when people hear his voice, they start to think that maybe i'm like that. if you watch this program for even a couple of minutes you will know i'm not like that,

but those of us who have that accent become tarred with his disgusting brush and i'm really tired of it. remember the englishman who told the gun rights advocate he was stupid? remember the elitist anna winto your so enarmored with michelle? and what most people don't know they were upper class, went to private schools and universities and speak with oh, so, high tone voices. they doesn't like you, they look down on you. so goodbye, bashir. load up that lear jet with your fellow travelers and bugger off! ♪ ♪ ♪ [ tires screech ] chewley's finds itself in a sticky situation today after recalling its new gum. [ male announcer ] stick it to the market before you get stuck.

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>> reporter: have we got a show for you. trial lawyer mark lanier on our side today. who do you sue when obamacare loses your personal information? tommy thompson when he ran health care under george bush and many times did he meet with the president. kathleen sebelius met obama once in three years. the latest of the dynasty are here, they're not a cottage industry, they are an entire division of the u.s. economy. we will tell you who is paying those fast-food demonstrators, they're paid to protest and we return to the interview with zeke emanual, someone who knows what he is talking about. and another diamond right here.

♪ stuart: concerned about the security of healthcare.gov. zeke emanual did nothing to ease those security concerns on this program yesterday. >> i put my personal information on the web site when i was trying to look for information. i was very confident and comfortable. i don't want it today. stuart: question, if your identity is:because of the health care exchanges can use to? who better to ask than mark lanier, trial lawyer extraordinaire in new york city. >> you sue the federal government. you can get punitive damages against the government, can't get prejudgment interest but you have a claim against the mid

your identity get sued for picking up the salary system. stuart: i did not know you could do that. i thought you could -- >> it is part to and a lot of juries don't givehard to and a juries don't give a lot of money. charles: how do you get cost at -- economic tour resolution? >> a good lawsuit, three lakes school, someone you can collect from, liability and damages. the damages won't be that strong for most people. stuart: will there be lawsuits launched because of this fiasco? >> there will be a class action launched. that is the only way it can be economical. stuart: it will not stop obamacare in its tracks, this is down the road. >> that train has left the station. if i were a lawyer i could stop it, i would. there has to be a better system. stuart: a lawyer opposed to

president obama -- >> all the time. stuart: hold on. here it is more of what zeke emanual had to say. this is the part where he claims the plans you get under obamacare are better and cheaper it then your existing plan. >> we are here to talk about health-insurance and the millions of people who have gotten health coverage at a better deal who were excluded. in the individual market 70% of people are going to get even better coverage at cheaper prices lou:% of people will have a situation where they will be paying more. stuart: is that true? is that accurate? bring in health policy strategy associates robert, welcome to the program. you heard what dr. emanual had to say. was he accurate in what he said? >> no. i thought we settlld that a few weeks ago. the president of the united

states apologized over the whole thing about not being able to keep the insurance you like. the president asked the state insurance commissioners and insurance companies to let people keep their policies another year. and number of democratic senators in the senate have a bill led by mary landrieu so people can keep their policies. why would this be going on it's only a small percentage of the people found their old policy was not better than obamacare. here is the number. right now people are being offered the opportunity to keep their policy, not in all states but when they are offered the opportunity to keep their policy 80% to 90% arcing, one ceo told me in his company where they are allowing people to keep their policy 85% are keeping the old policy. i don't think he got the memo. this one is settled. stuart: what happens next year when we are told tens of millions of cancellation notices go out, people who get their

health care from their employers. what kind of plan are they shifted into? >> millions of people are getting the one year extension. is only a 1-year reprieve for the death sentence from these policies so we will get through this next fall at election time. you have a small employers, many of them are getting pretty staggering renewals and many are taking advantage of the early renewal especially in the small group market, under 50 employees. they will have to face obamacare for 2015 and what we are hearing again is big increases. once you have a smaller employer market being hit by the same things the individual health market is being hit by, preexisting condition and medical underwriting reforms, china benefit level you have to have with obamacare and the age rating changes hitting the small group the same way. i talked to a small hill insurance broker the other day that has 90 plans.

they can't do early renewal where he is and he is telling me he is seeing red increases between 15%, and 60% with the average rate increase in the small market being 30%. stuart: give us some clarity on another issue that is emerging, the transfer of information from my account in my personal information into the obamacare website. the transfer of the information from me to the insurer. i understand the error rate is enormous and that is where lot of problems are occurring. can you clarify this? >> there are two parts to the obamacare information technology system, the front end is healthcare.gov where consumers go in and the so-called back end of it where information is transferred from the federal government to the insurance company. you put this personal information into healthcare.gov and if you by a policy all of that has to be transferred to the insurance company.

how else could they enroll you? what has happened is the federal government has fixed the front end of it at least in terms of getting in and to by insurance, they have not come anywhere near finishing the back end. we are still getting high error rates. when the enrollments are being sent a significant percentage of the mob that. they are gone too cowher there are big mistakes. we have two things going on. we have orphans and ghosts. orphans are the files that get transferred to the insurance company and no one can figure out who they are. then there are the ghosts, the people who never make it to the insurance company. the government did small scale testing-they never made it to the insurance company. in addition to that they can't pay the insurance companies. they happen to build

reconciliation system which reconciles what the government has got with what the insurance company has got. they haven't built part of the computer ssstem where it they can figure out if they have a right people covered. the back end is a complete mess. stuart: what a pleasure to talk to someone who offers clarity on a complex subject. come see us again. to the big board, back to the market, that is not much of a loss. we are down two points. we had strong economic news on jobs and the growth rate of the economy and moment ago did we get news on factory orders? charles: here is the thing. the gdp. let's talk about the gdp numbers. the headline was enormous but there were parts that were worris spending was revised lower, and good and products were revised lower and exports were revised a lot lower. the transition is happening. we can see before our eyes the transition to a faster economy. no where near where we should be

so the big question is can the rally for being the fed's rally to an economically driven rally with a crash in between. stuart: when you say it can't. charles: how big with the correction be? the last couple times there were big time rallies and the fed change policies, the dips were short-lived and the reasoning rallies lasted many months. that's an area replays itself. stuart: stayed there, i want to talk about apple. a big boost for apple in the world's largest mobile market. if you like apple and i know you do you must be salivating over the chance to sell iphones to seven hundred million consumers. charles: it is a huge opening. how do they sell it and make money? they will figure it out. what has happened is wall street has come to terms with tim cook. he is the larry holmes of the business world. following steve jobs is like following muhammad ali and he stumbled badly. to me he has been okay with losing a few wars.

he wants to win the battle but is okay with losing a few skirmishes here and there. steve jobs will want to be u.s. game of marbles. wall street is okay with this guy and understands there's a tremendous amount of value, 585 on the upside and a lot of people jumping on the bandwagon. stuart: does it go to 650? charles: i think it could. stuart: another charles pick is tiffany, got an a grade from goldman sachs. it is that a new high. nicole: this is what we often get from charles payne, nice big winner and/4%. new high for tiffany at $90.74 a share, year to date 15%. today goldman sachs put them on the conviction from neutral. yesterday jpmorgan raised the target and so far so great. stuart: do a quick victory lap. charles: as a cautionary thing people waiting for wall street

to get bullish on things here is a perk example, a 57%, the smartest firm on wall street, goldman upgraded cf industries from sell to neutral. it is up 100 points in the last two years. now they think it is neutral. be careful with the smartest firms. stuart: i like those victory laps. charles: a few bumps too. stuart: it costs us a fortune. charles: probably lost that can grand. stuart: two hackers have stolen two million passwords from the biggest website, gee e-mail, yahoo! twitter, major security breach. if you have your identity stolen in this way, not your identity but or passwords, can't you sue them? problem is -- >> what are your damages? you have to have substantial damages to pull off a lawsuit. a class action suits, if you are looking at someone who's damages were $5 or $10 apiece you end put the coupons and lawyers make

poney. stuart: you would organize the class action suit. >> i would look at it. charles: the one amazon showed off a new autonomous package delivery drone. as the correct expression. kind of cool. it is it is. if they get it going and it falls out of the sky and its mark lanier on the head you are going to sue. >> oh yes. if they send a package on a ups truck and a driver runs a red light and careens into me i am going to sue. you have the duck dynasty ladies coming up, ask if their husbands will use those for target practice. there are places in lieu easy and and texas where those drones come over -- charles: no-fly zone. stuart: never sued apple? >> yes. intellectual property. stuart: a pursued amazon? don't tell you sue the amazon.

>> i love amazon. i love apple. stuart: had used to damage done? >> no. i never sued amazon. stuart: weiner? >> th ? >> they haven't done anything wrong. guana huge medicaid fraud scam excuse, all the defendants are current or former russian diplomats and their spouses. prosecutors say diplomats fraudulently received one$.5 million in medicaid benefits. these are russian diplomats living in america spending big money on luxury goods while allegedly scamming the federal government out of a lot of money. to do we su? >> definitely the russian diplomats. we get our money back from those guys. stuart: they have diplomatic immunity. >> if they are a former diplomat, they don't because it won't extend forward. if they are current diplomats

they do and let's pick it obama and tell them to take it away. stuart: thank you for coming by. i am glad you stopped but we reject and stopped in manhattan. >> i had to see charles. stuart: you are a good man. fast-food protests across the hundred cities in america today, they want $15 and air -- to a the protestors? do they work at the restaurant they are picketing or are they just paid by the union to get out and protest? we have an answer in a moment. [ male announcer ] here's a question for you:

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because you can't beat zero heartburn. woo hoo! [ male announcer ] prilosec otc is the number one doctor recommended frequent heartburn medicine for 8 straight years. one pill each morning. 24 hours. zero heartburn. stuart: unions protesting fast-food restaurant. we are told they are protesting, they want higher wages for fast-food workers so here is david b. miller outside wendy's in brooklyn. where are the protesters? i can't see any behind you. >> the demonstration is not slated to begin for just over one hour from now but over my shoulder take a look outside

wendy's on the corner you see the news crews that are already in place waiting for this rally to begin at 11:30 eastern time. earlier there was a rally in midtown manhattan outside mcdonald's and we did speak to the act will workers, we heard the same from a few we talked with, they said they cannot survive on the federal minimum-wage, they want $15 an hour and told us this is a wage hike the fast-food industry can afford. that said, the industry says this is hardly a grass-roots movement and underscoring that a public relations firm has sent out news releases and is coordinating with the media about today's rallies. this is the same company that has a long list of other clients, among them green peas, communication workers of america and moveon.org. in the minds of many critics this is not a grass-roots movement but these rallies are being organized and coordinated

by special-interest groups and the unions. how many of the actual demonstrators are workers themselves, that is difficult to say and but before i go why should alan that this rally taking place in an hour's time outside wendy's in downtown brooklyn, the fast-food restaurant itself is doing business as usual. nothing unusual and arguably that is the ultimate litmus test, a fast-food restaurant we have been to look like just another day, nothing unusual. stuart: restaurant owner, rock exposed. strikes me this is not a strike, this is a protest. tell us who these protesters

really are. >> thank you. you are right. it is a protest. the protesters are typical union members, occupied types with time on their hands who shared the union agenda. unions have funded this, millions of dollars and are funneling the money through what they call worker centers which are union fund groups like the restaurant opportunity center, so these fund groups portray it as a grass-roots bottom up up rising but it is directed by the unions, they are desperate for new members, pensions are underfund and they see the restaurant industry as a place -- stuart: is that what they want? do they want to sign up fast-food workers for to pay union dues? is that what they want? or are they part of a larger movement which tries to legislate higher wages? >> both bulls .

private-sector yunis asian -- -pvery underfunded pension plan need new members but you are right, it does often up the pr aspect of this and helps in their efforts -- stuart: it is very successful. we took our cameras to wendy's in brooklyn and a bunch of news crews are waiting for the protests to begin an hour from now. that is a successful pr operation. they got the message out to the media. >> that union pr firm they are using they are earning their fees and doing a good job but there was a fox affiliate in atlanta, found most people were union members. one restaurant worker didn't work at that restaurant but another one across talent. it is mostly union members and that is what these workers' centers do. stuart: thanks for joining us.

appreciate the information. is a wildly popular show. millions of people watch it every week, really big money. we are talking duck dynasty with the latest of duck dynasty after this break. >> including a christmas carol sung by the whole cast. >> are we ready? okay. [ male announcer ] how do you get your bounce?

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stuart: this is called buck the halls. i am correct. you know them from the should duck dynasty and you heard the title trackow duck dynasty and you heard the title track from their christmas album. at me start with you. you are a tycoon and it is would you put your finger on t start

this industry? >> kerri lost her voice but i can tell you she is a pioneer woman and that is what she calls herself. a inga grew up and being the outdoorsman, a pioneer man she wanted to marry, and we married our own pioneer men. she is one of a kind of. she ran the business from her couch for years. stuart: you are an industry. you have the christmas songs, the dolls we put on a screen. is there any merchandize you don't have? you just about got it all but have you got legs? i don't mean legs in the conventional sense. is this an industry that is here to stay? will you do at this time next year?

>> absolutely. we have been in this business for 40 years and has been part of our family's business for a long time and we will be here a long time after that. we are excited about getting into food. as passionate as robertsons are about their coming they are equally passionate about food. we are really excited about at as well. christmas album, who would have fought we would be on top of the country charts? i don't think anybody expected that but we are excited to be there. stuart: tell me about the food. that interests me. what food is special to duck dynasty? >> duck commander family, we do a lot of seafood, so this christmas we have all kinds of seafood, fried shrimp, crayfish and crab balls and all kinds of

ties. we duologue with the food and the lot -- stuart: if i got an accent like yours to you think my ratings would go up? >> no. we like the accident. stuart: thank you very much. that was terrific. you are wildly successful and we thank you for appearing on a program. good luck and merry christmas to you all. >> thank you. stuart: how about that? do you think if i had an accent like that i would do better? charles: not on this network. the roll network where they still live cows on tv, not on that. stuart: we had strong economic news today but not that much. we are at 15 but. we are four five days down in a

row. charles: the pullback is good to see. neil: your point you get a pullback on strong economic news but the market goes up on that strong economic news. stuart: and j.c. penney is toast. they are an express train to oblivion, could be out of business within 12 months. j.c. penney is the charles payne pay. what do you make of that? charles: we were up 11%, 12% and now about even. when ron johnson came on board in november of 2011 the stock went to 30 to 43, wall street at five year high. that seemed like they were turning the corner. everyone is cautious which is okay but gets back to what we talked about earlier, it is not

a slam dunk but there are signs that they will survive which means a higher market cap and maybe they can thrive if they get to their roots. it is not -- has more risk than a normal idea but -- stuart: not real gung-ho. charles: 11% or 12%. i think we can make more if we hold it long-term. i would like to see it close above $9.45. stuart: i bet you would. kathleen sebelius meeting with president obama just once in three-1/2 years. what does the former health and human service secretary think about that? we will ask tommy thompson, he is next.

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stuart: responding to a public outcry twitter has named its first female board member, former ceo of several firms. likely she will start immediately.

twitter stock is up 1%. and a report by the government accountability office, kathleen sebelius only had one face-to-face meeting with president obama in the 3-1/2 years leading up to the obamacare rollout. we are joined by tommy thompson, former the chief as director under president bush. i find that one meeting extraordinary. what is your reaction? >> it is one of the reasons they are having so many problems with the rollout. when we rolled out hard be which was ten years on december 8th when president bush signed into law and asked me the job of getting it passed, we were every single day checking and rechecking and retesting to make sure the rollout would be successful and as a result part d has turned out to be one of the most successful programs for seniors set. stuart: why is president bush at hands-on manager of what you brought into part d?

he was a hands-on guy as opposed to president obama? >> he was more hands on than president obama but he also said it is your responsibility to do this. he said i don't have time to do it, you make sure it works and he asked us to do it, the cms and fda and myself and all the other individuals, make sure it works and we spent a lot of time testing and retesting and so you have to do that. you have to give your secretary the responsibility but also to make sure they are responsible for making it successful. stuart: this is the ten year anniversary of the medicare prescription drug benefit as you say. what does obamacare due to the medicare prescription drug benefit? does it change it? >> it changes the doughnut hole which was referred to as the problem but it was not so much a problem as necessary in order to

make sure part d was economical. you have to understand that 90% of seniors saying it is successful in the estimates of cost have been reduced by 45% from what the original estimates were, medicare part b costs and seniors are paying 50% less for their premiums than originally thought was going to be necessary. stuart: we appreciate you being with us on this tenth anniversary. congratulations. we appreciate you being here. >> i would like to say for myself as a listener to fox, congratulations, you are the best economic analysis and commentary america today and it is an honor to be on your program. thank you. stuart: that is very generous, much appreciated. why didn't you say it right at the top and we could have given me the rest of the show? >> just remember part d does work and we need to improve it.

stuart: what a pleasure, thank you very much, we appreciate it. how about that? we were not expecting that. charles: we feel the same way. stuart: stop it. the shocking number. $5 billion, five billion, that is how many cellphone locations the nsa collect every day overseas. that would include data from u.s. citizens. is it entirely legal? the answer may surprise you. all rise, the judge is next. every day we're working to be an even better company -

and to keep our commitments. and we've made a big commitment to america. bp supports nearly 250,000 jobs here. through all of our energy operations, we invest more in the u.s. than any other place in the world. in fact, we've invested over $55 billion here making bp america's largest energy investor.

our commitment has never been stronger. stuart: apple breaking into the world's largest michigan, and seven hundred million potential customers, apple stock expects that, sony's play station 4 is an edge over microsoft's x box 1 in the battle for your living room. sony has been on the market longer than the x box and 2.1 million, stock is down fraction. then we have tiffany, all time high for that stock. charles payne saw it coming, 89 rendell. dollar general profits up 14%. that is hitting a new high.

investors love that news. 59 on dollar general. costco, increase in sales in november, not as good as expected, that stock is down 1%. microsoft down 3%. alan mulally declined to comment on speculation to leave and go there. brchitis. spiriva is a once-daily inhale copd maintenance treatment that helps open my obstructed airways for a full 24 hours. spiriva helps me breathe easier. spiriva handihaler tiotropium bromide inhalation powder does not replace fast-acting inhalers for sudden symptoms. tell your doctor if you have kidney problems, glaucoma, trouble urinating, or an enlarged prostate. these may worsen with spiriva. diuss all medicines you take, even eye drops. stop taking spiriva and seek immediate medical help if your breathing suddenly worsens, your throat or tongue swells, you t hives, vision changes or eye pain, or problems passing urine. other side effects include dry mouth and constipation. nothing can reverse copd.

spiriva helps me breathe better. does breathing with copd weigh you down? don't wait to ask your doctor about spiriva. when you do what io, iyou think about risk.. i don't like the ups and downs of the market, but i can't just sit on my cash. i want to be prepared for the long haul. ishares mimum votility etfs. investments designed for a smoother ride. find out why 9 out of 10 large professional investors choose ishares for their etfs. ishares by blackrock. call 1-800-ishares for a prospectus, which includes investment objectives, risks, charges and expenses. read and consider it carefully bere investing. risk includes possible loss of principal. stuart: electronic arts a loser today. why is that? nicole: one of the analysts expected concern, they make gains for video game makers in

these consoles. stuart: she is there, she is not fair. charles is here. taking so many victory laps. this is not a victory lap. this is a new stock online today. that is an intriguing name. what do they do? >> those of the big giant container ships you see out there. they have 42 of them and the biggest ones capable of carrying them to 60,000, load some up and goes around the world, ten years ago everyone thought these would replace transportation indexes that were a proxy for the mobile economy and shipped global economy crash, all turning around, you see that chart? the top of september was $3.93, which touched that. fees the group on east side back in town on the street yesterday and said the same thing the last guest said.

he loves you and love the show.. stuart: i under i ship stock. i bought it up 40. . >> why do people look at me? stock market is a shift. i can imagine that stock. >> now we have more stock. >> two thousand fifty cents a share. that is where the story is. stuart: washington post the nsa tracking cellphone locations worldwide, five billion record location day. a couple questions about the

location. judge andrew napolitano. i don't see anything wrong with tracking of foreigners where foreigners -- >> blackberry, iphones, and connected to the closest transmission power, in the area of. the transmission power tapped into the funding by the nsa and they know every phone in the area and as they move they go to the next transmission tower. each of those is considered additional. when tapping five billion cellphones it is five billion tons on a few hundred million cellphones. what cellphones are these? that is the issue. the nsa does not disparage if they are looking for a person in

great britain, they will tap all cellphones in great britain. innocent and not innocent. american and not american, lazy to distinguish. stuart: start with the law and follow it. to a mass investigation to lift people up. judge napolitano: sound just like george iii with assistant tax which let british soldiers go anywhere looking for anything they want to find among the colonists for britain to defend. stuart: if we don't track the how do we know where they are? how are we supposed to kill them? judge napolitano: i don't think we can yet. i am using england as an example. the most civilized of all of us. if the dish stuart: if they were planning to send planes into buildings in

america, i don't care where they are. judge napolitano: you have taken this into fantasyland. this is not what the nsa does. the nsa doesn't drone and doesn't kill. the nsa spies and if the nsa is going to argue to catch one person in england they have to spy on everybody there, the constitution says you can't do that and the british people, who usually love authority, stuart: if it is illegal and unconstitutional, why isn't anything ever done about it? on a mass scale for years under the obama administration nothing happened. judge napolitano: illegal for the present to bomb libya and kill gaddafi. stuart: would be illegal? would you declare war? judge napolitano: everything -- stuart: formal declaration of war. judge napolitano: killing?

yes. spying? no. you need a search warrant. you needed declaration of war. the nsa doesn't kill but the nsa spies. lawful search warrants, it gets general warrant, the general warrant like british soldiers had, the bearer may go where he wishes for whatever you wants but the fourth amendment requires everyone specifically describe a person to be seen as a place to be searched. general warrants are unconstitutional. even for as you call them -- stuart: when you agree that there is debate on the issue? if a general search warrant is unconstitutional or not? it is not cut and dried. you are not automatically right because you say. judge napolitano: not i who was saying that but the constitution saying it. stuart: your interpretation of the constitution.

judge napolitano: the meaning of the words of the fourth amendment, mr. varney. stuart: struck a nerve. charles: let me get that down. stuart: charles laughton played the role of henry h. one of your favorites. and also was in the rest of the prosecution. greatest cross-examination seen ever put on film. stuart: i am sure you would not approve of henry. judge napolitano: the answers that they have. stuart: you are in trouble with the pope today. stuart: totally ran out of time. thanks to you, put the camera on me. we have a 52.5 carat gold diamond ring live here on the set. tell you about that in a moment. ñ

lou: coming up on lou dobbs tonight china trying to expand while the obama administration concedes. armed services judiciary member

congressman randy forbes of the new obama doctrine and rising tensions in the south china sea. join us tonight at 7:00 eastern. stuart: something very special, the king of diamonds for you. a very special diamond, you are looking at it right now. here to describe it, you are going to sell them. >> second time in twenty-five years. 52 carrots. in south india. the most famous diamonds in the world. and joseph, which we show on fox on $21 million. stuart: the king of diamonds, it

really is special. >> the first diamond known to man, the first diamond ever. stuart: i didn't know it. >> the earliest mine, developing 300 years. stuart: may i pick it up? stuart: can't get this but i am holding it. to show your viewers that. get a sense before it is brought up, and it wouldn't crack. i am holding it. it was sold 25 years ago for 7,000,005. for that time an unheard of price, supposed to assure you house specials this is because even back then, do it out in the auction room. stuart: how much will it go for today? >> december 10th i hope over

$10 million. we have a lot of interested parties. stuart: last time you brought a diamond, a lot more than you thought you were going to get. >> orange and diamond, orange diamond priced at $17 million and we sold it for $35 million. stuart: when you get $15 million. it is fantastic. i am blown away by this special kind of diamond and thank you very much. >> happy to be here. stuart: will slide it gently across the set to take it back. good luck at the auction. thank you. last hour, i was talking about martin bashir and have your take on that in a moment. became big ? ♪ like, really big... then expanded? ♪ or their new product tanked?

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with more freshness in a single sheet. yep. got all the cozies. [ grandma ] with n fedex one rate, i could ll a box and ship it r one flat rate. so i kn untilt was full. you'd be crazy not to. is tt nana? [ male announcer ] fedex one rate. simple, flat rate shipping with the reliability of fedex.

stuart: last hour, martin bashir stuart: last hour, martin bashir left nbc after making disgusting remarks about sarah palin. here is what you say. patricia sands we can see that you are nothing like him. we love you and see the difference between a decent human being and that jerk. libby says most americans don't understand where thhse fol o come from or where they get their ideas and they should take a back to england. it does not run well in america. well said. brenda 3 s all it ttheye look into the eyes and is immediately apparent you come from opposite molds. thank you. you are very kind. don't say anything, charles. thanks, everybody. i appreciate it. dagen: we appreciate you. fast-food workers off the job and on the streets protesting

for higher wages and unionization in the days of obamacare, those with chronic illnesses could look at drug costs. this is evidence of the complexity of this law. the upper midwest with a weekend storm tmaceatening, pushing up energy prices and using instagram to gauge how happy an entire city is. the top five happiest cities in the nation according to one survey, two cities from the same state. the you live there? ò i o you f l good? so much more coming up on this hour of maumets now. ♪ connell: i wasn't even there. dagen: no indication. ò i ogs are supposed to make you